Last updated: April 9, 2026

Terms of Service

These Terms of Service ("Terms") govern your access to and use of Turnout (the "Service"), operated by Thagorus PBC ("Thagorus," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Turnout is an automated advertising management platform designed for fitness studios. The Service connects to your Meta (Facebook/Instagram) ad account and uses machine learning to:

• Research high-performing ad strategies across the fitness studio vertical.
• Create, launch, and manage ad campaigns on your behalf.
• Continuously optimize targeting, bidding, creative, and budget allocation.
• Generate leads and deliver performance reporting.

Turnout operates as an automated tool within your existing Meta ad account. You retain full ownership and control of your ad account at all times.

2. Account Requirements

To use Turnout, you must:

• Be at least 18 years of age and have the legal authority to bind the business entity that owns the studio.
• Have an active Meta Business account with a valid, approved ad account.
• Grant Turnout advertiser-level access to your Meta ad account through Meta's official permissions system.
• Provide accurate and complete information during registration and keep it up to date.
• Maintain a valid payment method for your Meta ad spend (paid directly to Meta, not through Turnout).

You are responsible for maintaining the security of your account credentials. You must notify us immediately at nate@thagorus.com if you become aware of any unauthorized use of your account.

3. Free Trial

We offer a 30-day free trial of the Service. During the trial period:

• You receive full access to all features of the Service at no charge.
• No credit card is required to start your trial.
• You are responsible for any Meta ad spend you authorize. Turnout's service fee is waived, but Meta charges for ad delivery as usual.
• At the end of the trial period, your account will convert to a paid subscription unless you cancel before the trial ends.

We reserve the right to modify or discontinue the free trial offer at any time. Trial eligibility is limited to one trial per studio location.

4. Pricing and Payment

Subscription fees

After your free trial, the Service is available for $199 per month per studio location. This fee covers the Turnout platform, automated campaign management, creative generation, and ongoing optimization.

Founding member pricing

Studios that sign up during our founding member period receive a locked-in monthly rate for as long as their subscription remains active and in good standing. If you cancel and later resubscribe, founding member pricing is not guaranteed to be available.

Ad spend

Your Meta ad spend is separate from Turnout's subscription fee. You pay Meta directly for ad delivery through your connected ad account. Turnout does not mark up, take a percentage of, or otherwise profit from your ad spend.

Billing

Subscription fees are billed monthly in advance on the anniversary of your subscription start date. Payments are processed through our third-party payment processor. All fees are in U.S. dollars and are non-refundable except as described in Section 5.

Price changes

We may change subscription pricing with at least 30 days' written notice. Price increases will not apply to founding member accounts with locked pricing for the duration of their continuous subscription.

5. Cancellation and Termination

Cancellation by you

You may cancel your subscription at any time through your account settings or by contacting us at nate@thagorus.com. Upon cancellation:

• Your access to the Service continues until the end of your current billing period.
• Campaigns that Turnout is managing will continue to run on Meta until the end of your billing period, at which point Turnout will pause them unless you instruct otherwise.
• You retain full access to and ownership of your Meta ad account. Turnout's advertiser access is removed at the end of the billing period.
• No partial refunds are provided for unused portions of a billing period.

Termination by us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy (Section 6).
• Your payment method fails and is not resolved within 14 days of notice.
• Your Meta ad account is disabled, restricted, or otherwise made unavailable by Meta.
• Continued use of the Service would violate applicable law.

If we terminate your account for reasons other than a Terms violation, we will provide a pro-rata refund for any prepaid, unused portion of your subscription.

Effect of termination

Upon termination, we will remove Turnout's access to your Meta ad account, delete your data in accordance with our Privacy Policy, and provide you an opportunity to export your campaign performance data.

6. Acceptable Use

You agree to use the Service in compliance with all applicable laws and these Terms. Specifically, you agree not to:

• Resell or redistribute the Service or provide access to third parties outside of your studio's operations.
• Create multiple accounts for the same studio location to circumvent usage limits or obtain multiple free trials.
• Interfere with or circumvent the Service's security features, rate limits, or access controls.
• Use the Service for unlawful advertising, including ads that are deceptive, discriminatory, or violate Meta's Advertising Standards.
• Reverse engineer the Service or attempt to extract the source code, algorithms, or machine learning models.
• Scrape or harvest data from the Service through automated means.
• Misrepresent your affiliation with Turnout or Thagorus PBC.

7. Intellectual Property

Turnout's intellectual property

The Service, including its software, algorithms, machine learning models, design, documentation, and all related intellectual property, is and remains the exclusive property of Thagorus PBC. These Terms do not grant you any ownership interest in the Service. Your right to use the Service is limited to the license granted under these Terms: a non-exclusive, non-transferable, revocable license to access and use the Service for your studio's advertising operations during your active subscription.

Your intellectual property

You retain full ownership of your Meta ad account, your business information, your brand assets, and any ad creative that you provide to Turnout. When Turnout generates ad creative using your brand assets, you own the resulting creative and may continue to use it if you cancel the Service.

Aggregate data

We may use aggregated, de-identified data derived from your use of the Service to improve our algorithms, generate benchmark reports, and enhance the Service for all users. This data will not identify you or your studio individually. See our Privacy Policy for details.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Thagorus disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• The Service will meet your specific requirements or expectations.
• The Service will be uninterrupted, timely, secure, or error-free.
• Any particular number of leads, conversions, or revenue will result from use of the Service.
• The quality of leads generated will meet any specific standard.
• Meta's platforms, APIs, or advertising services will remain available or unchanged.

9. Results Disclaimer

Advertising results vary significantly based on factors outside of Turnout's control, including but not limited to:

• Your studio's geographic market, competition, and local demographics.
• Your ad budget relative to competitors in your market.
• Your studio's brand reputation, pricing, and class offerings.
• Seasonal trends in the fitness industry.
• Changes to Meta's advertising platform, algorithms, or policies.
• Your responsiveness to leads and follow-up processes.

Any estimates, projections, case studies, or benchmarks we provide are illustrative and based on historical data from other studios. They are not guarantees of future performance. Past results achieved by other studios do not guarantee that you will achieve similar results.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Thagorus PBC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.
• Cost of procuring substitute services.
• Damages arising from unauthorized access to or alteration of your data.
• Any matter beyond our reasonable control.

Our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the greater of (a) the total fees paid by you to Turnout during the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if Thagorus has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Thagorus PBC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• The content of your advertisements, including any claims of false advertising, intellectual property infringement, or discrimination.

12. Meta Platform Dependency

The Service relies on Meta's Marketing API and advertising platform. You acknowledge that:

• Meta may change, restrict, or discontinue its APIs or advertising features at any time, which may affect the Service's functionality.
• Your use of Meta's advertising platform is governed by Meta's own terms, which you must independently accept and comply with.
• Thagorus is not responsible for any actions taken by Meta regarding your ad account, including account restrictions, ad disapprovals, or policy enforcement.
• If Meta revokes or restricts Turnout's API access, we will work to restore it promptly but cannot guarantee uninterrupted service.

13. Modifications to the Service and Terms

Service modifications

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that significantly reduce the Service's core functionality.

Terms modifications

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your subscription before they take effect.

14. Governing Law and Dispute Resolution

Governing law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law principles.

Dispute resolution

Any dispute arising from or relating to these Terms or the Service shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Middlesex County, Massachusetts. The arbitrator's decision shall be final and binding.

Class action waiver

To the extent permitted by applicable law, you agree to resolve disputes with Thagorus on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.

Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property rights or unauthorized access to the Service.

15. General Provisions

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thagorus regarding the Service and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

Force majeure

Thagorus is not liable for any failure or delay in performing its obligations due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or telecommunications failures, or disruptions to Meta's platform.

Notices

We will send notices to the email address associated with your account. You are responsible for keeping your email address current. Notices are considered received when sent to your registered email address.

16. Contact Us

If you have questions about these Terms, please contact us:

• Email: nate@thagorus.com
• Company: Thagorus PBC
• Address: Westford, MA
• Website: turnout.thagorus.com